(a) Time for Docketing Appeal and Payment of Docket Fee. UponOn receipt of the
notice of appeal, the supreme court clerk must docket the appeal. The appellant must deposit
the docket fee with the clerk of district court at the time the notice of appeal is filed. A check
or money order in the amount of the docket fee should be made payable to the supreme court
clerk. If two or more parties file separate notices of appeal, the first to file must pay the
docket fee. A docket fee is not required in the following cases:

(1) criminal cases;

(2) post-conviction relief;

(3) writs of habeas corpus filed by indigent defendants;

(4) mental health commitments wherein which the appellant is indigent;

(5) juvenile cases wherein which counsel is court-appointed;

(6) other civil cases wherein which an indigent party is entitled to court-appointed
counsel as a result of the indigency;

(7) in any other case wherein which an appellant has been declared indigent by order
of any state court for the purpose of any action relating to the appeal; and

(8) by order of the supreme court.

(b) Dismissal for Failure of Appellant to Pay Docket Fee. If the appellant fails to pay
the docket fee as required, the appellee may file a motion in the supreme court to dismiss the
appeal. The motion, accompanied by proof of service, must be supported by a certified copy
of the judgment or order from which the appeal was taken, and a certified copy of the notice
of appeal with the date of filing. The appellant may respond within 1014 days after service
of the motion.

The docket fee must be paid only once and is to be paid by the first to file a notice of
appeal if two or more parties file separate notices of appeal. The fee charged is found in
N.D.C.C. § 27-03-05.

Subdivision (b) was amended, effective ________________, to increase the time for
an appellant to respond to an appellee’s motion to dismiss from 10 to 14 days.

Rule 12 was amended, effective March 1, 2003. The language and organization of the
rule were changed to make the rule more easily understandable and to make style and
terminology consistent throughout the rules.